Thursday, Aug. 27, 2009

Gay Marriage North of the Border?

Last week, popular blogger Pam Spaulding of “Pam’s House Blend” reported that Durham City Council voted unanimously for a marriage equality resolution. Although North Carolina does not allow gay and lesbian couples to marry due to a statute passed more than a decade ago, the city council decided to take this extra step. Notably the council cited that “the U.S. Supreme Court has recognized civil marriage as one of the basic civil rights fundamental to our very existence and survival and one of the vital personal rights essential to the orderly pursuit of happiness.” The resolution also stated that “the City Council of the City of Durham endorses and supports the rights of same-sex couples to share fully and equally in the rights, responsibilities and commitments of civil marriage.”

First off, let me point out that the city of Durham is probably much more progressive than most areas in both Carolinas. The issue got me thinking though – could North Carolina actually be the first state in the South to legalize gay marriage?

The North Carolina legislature has blocked a Constitutional amendment denying same-sex couples marriage, civil unions or any other kind of relationship recognition for the past six years. It remains the only state in the South that has not adopted such an amendment. This is precisely what groups like North Carolina For Marriage are afraid of. In April, following the Iowa Supreme Court’s legalization of same-sex marriage in that state, the organization issued a statement calling on citizens to contact their legislators “before it’s too late.”

The North Carolina Constitution requires that a bill must pass in the General Assembly by a three-fifths majority vote before it can be placed on a public ballot. Unless the legislature changes, it looks as though North Carolina will be steadfast in not allowing that to happen. This opens the door for legal battles in the state over the constitutionality of the current statute and the non-recognition of a marriage a same-sex couple may have legally obtained in another state, perhaps.

This, of course, is still very hypothetical – but promising. Our neighbors to the north have continually stood up for equal rights in many ways surpassing others in the South. Even my hometown of Bessemer City, a very small town west of Charlotte, has added “sexual orientation” to a list of characteristics for which city employees can not be discriminated against. In many places, gay men and lesbians are still not safe to come out of the closet at their place of employment. This year, the North Carolina state legislature also passed the School Violence Prevention Act to address bullying and harassment in schools, including acts targeting LGBT students. Just last week, the N.C. Court of Appeals ruled in favor of openly gay legislator Sen. Julia Boseman (D-New Hanover) in a custody battle over her and her former partner’s child. Boseman had adopted the child during the relationship. The three-judge panel said their status as a same-sex couple had no bearing on the case and saw their relationship in the same light as that of a heterosexual couple. N.C. law allows single LGBT people to adopt, and has been unclear on the issue of joint adoption and second-parent adoption.

All of these instances almost make me feel like there’s a glowing light of hope coming from the north. I must say it also makes me proud of my home state. Although it’s not a likely scenario to expect within the next few years, it just might be a possibility that as marriage equality sweeps the nation, North Carolina just may be that glint of hope for the South that Iowa was for the Heartland.

In other same-sex marriage news this week, U.S. District Judge David O. Carter dismissed the gay marriage case that has been causing a rift between President Obama and gay organizations. It is the first of several pending challenges to the federal Defense of Marriage Act. Carter said the suit had been improperly filed in state court before it was transferred to his jurisdiction and must be re-filed in federal court. “There is no point for us to go down the line of decision-making and waste time,” he said during the hearing in Santa Ana, Calif. The case, brought on behalf of a gay Southern California couple, argues that the Defense of Marriage Act, or DOMA, violates the U.S. Constitution by discriminating against gay men and lesbians.

DOMA, passed in 1996, bars federal recognition of gay unions, including the granting of Social Security survivor payments and other government benefits to couples. Throughout his candidacy, Obama pledged to work for a repeal of DOMA. Yet in this case, the U.S. Justice Department lawyers filed court papers defending the federal law. In response, Obama then extended some benefits to federal employees with same-sex partners and held a reception in the White House commemorating the 40th anniversary of the Stonewall Riots and the birth of the modern gay rights movement. The act was seen by many gay leaders as a publicity stunt to deter a major backlash from the community. Yet many are still calling on Obama to stand behind his commitment for equality. In response to this case, Obama released a statement saying he still wants to get rid of the federal law, but the government has an obligation to defend the laws passed by Congress.

Six states have already legalized gay marriage. This case among many others were spawned when Proposition 8 in California was upheld overturning the previous decision to legalize gay marriage for a short time in the state. The couple fighting DOMA was among those 18,000 same-sex couples who got married legally in California. They have been fighting against DOMA for the past five years.

Out & About

Friday, Sept. 4 – The Gay Professionals Happy Hour will meet from 5:30– 7:30 p.m. Sept. 4 at Tommy Bahama’s Tropical Café at The Market Common in Myrtle Beach. For more information, e-mail FirstFriday@GambleLivingston.com.

Sunday, Sept. 6 – CLAWS, Coastal Leather Allegiance to Wisdom & Service, will host its annual “End of the Season” Cookout at Myrtle Beach State Park starting at 1 p.m. on Sept. 6. Tickets are available from any CLAWS member or can be purchased from Charles Foster at Time Out!. For more information, visit www.clawsllc.com.

Upcoming Pride Events – S.C. Pride kicks off on next Sunday with a Rainbow Candlelight Worship Service at the Garden of Grace United Church of Christ in Columbia, followed by a Pride Opening Ceremony at the Harriet Hancock Gay and Lesbian Community Center. Events will go on the remainder of the week with the main festival taking place on Saturday, September 12 at Finlay Park. For a complete list of events visit www.scpride.org.

N.C. Pride Fest & Parade is on Saturday, September 26 in the Raliegh/Durham area. The festival and parade will take place in downtown Durham and there will be nightly events in Raleigh and surrounding areas. For more information visit www.ncpride.org

Till next week, have fun and be safe.

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